HeatherCenturioni.com Terms of Service
GENERAL INFORMATION AND BINDING AGREEMENT
HBDesigns, LLC, owns, operates and/or provides the online store located at the heathercenturioni.com URL (the “Online Store”) and any websites, apps or social media pages operated by HBDesigns, LLC, to which the Online Store is linked or on which this Terms of Service appears or is linked to (all collectively, the “Site”). Throughout the Site, the terms “we”, “us” and “our” refer to HBDesigns, LLC, (“HBDesigns”). HBDesigns offers the Site, including all information, tools, and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
Please read these Terms of Service carefully before using our Site or accessing any of the features on the Site. You agree that by accessing or using the Site or any part thereof, you are entering into a legally binding agreement with HBDesigns and you agree to abide by these Terms of Service contained in this Terms of Service agreement. If you do not wish to be bound by such terms, do not access or otherwise use any of the Site, as doing so will result in your acceptance of these Terms of Service. The Site is provided for you to learn about HBDesigns, HBDesigns’ products, programs, services, and the Site. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features, services, or tools that are added to the Online Store or Site by us shall also be subject to these Terms of Service or the then current version of these Terms of Service, as applicable. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – SITE AND ONLINE STORE USE
By agreeing to these Terms of Service or using the Site, you represent that you are at least eighteen (18) years of age or the age of legal majority in your state or province of residence.
You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Online Store, Site or Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature through the Site.
A breach or violation of any of the Terms of Service may result in an immediate termination of the Services or access to the Site.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your information (not including credit card information), may be transferred unencrypted during (a) transmissions over various networks; and (b) may be changed to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in this Terms of Service agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – OWNERSHIP AND LICENSES
You acknowledge that the Site is protected by and/or embody copyrights, trademarks, patents, trade secrets and/or other proprietary rights (“Intellectual Property”) owned by HBDesigns, and/or its licensors, including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto, and that these rights are valid and protected in all media existing now or later developed and under United States and foreign laws. The Site (and any Intellectual Property and other rights relating thereto) are and will remain the property of HBDesigns. Nothing contained on or in the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the HBDesigns marks, or Intellectual Property without the express written permission of HBDesigns or the third party owner of any such Intellectual Property. Misuse of any Intellectual Property is prohibited. You acknowledge that you do not acquire any ownership rights in or to any of HBDesigns’ or its licensor’s Intellectual Property by virtue of your access or use of the Site. HBDesigns’ Intellectually Property may not be used by you for any purpose without HBDesgins’ prior express written permission, unless permissible by law.
SECTION 4 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Site is not accurate, complete, or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products, services, or shipping rates are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) or modify or discontinue any of our products or services without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or to any of our products or services.
SECTION 6 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Purchasing Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Online Store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products, services or use of the Service to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, services, or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on the Site is void where prohibited by law. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, or that any errors on the Site or in the Service will be corrected.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s) and the privacy policies of any such third-party providers.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products, and services available via our Site or linked to our Site may include materials from third parties. Third party links on the Site may direct you to third party materials, social media pages, applications, or websites that are not affiliated with us. We are not responsible for examining or evaluating the content on or accuracy of any such third party materials, social media pages, applications, or websites or content thereon. And we do not warrant and will not have any liability or responsibility for any third party materials, social media pages, applications or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party materials, social media pages, applications or websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any use of or transactions through any third party materials, social media pages, applications, or websites. Complaints, claims, concerns, or questions regarding third party products should be directed to the applicable third party.
SECTION 10 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you post comments on our blog, send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove any content or Comments on the Site that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or which violates any party’s intellectual property rights or these Terms of Service.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service, the Site or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments sent to us or posted by you or any third party on the Site.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product and service descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related website or application is inaccurate at any time without prior notice (including after you have submitted an order). We undertake no obligation to update, amend or clarify information on the Site or on any related website or application, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website or application should be taken to indicate that all information then on the Site or on any related website or application has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our Intellectual Property rights or the Intellectual Property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website or application, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website or application, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website or application for violating any of the prohibited uses or these Terms of Service.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Disclaimers of Warranties
THE SITE, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR SERVICES OBTAINED ON OR AVAILABLE THROUGH THE SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HBDESIGNS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. HBDESIGNS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR ANY PART THEREOF), THE SERVER(S) ON WHICH THE SITE OR ANY PORTION THEREOF ARE HOSTED, OR ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF HBDESIGNS OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE MATERIALS THEREON OR LINKED THERETO, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY MATERIALS, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE SITE, IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
NEITHER HBESIGNS NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR HBDESIGN’S OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOST REVENUES OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR ANY PORTION THEREOF, OR ANY CODE, MATERIALS, PRODUCT OR SERVICE LICENSED, ACCESSIBLE OR USABLE THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, INCLUDING ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE ON THE SITE IS TO STOP USING THE SITE, MATERIALS, PRODUCTS, OR SERVICES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO HBDESIGNS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO HBDESIGNS IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO EITHER (1) ACCESS OR USE THE SITE OR (2) TO PURCHASE ANY PRODUCTS THROUGH THE SITE.
YOU AGREE THAT THE DAMAGE EXCLUSION IN THESE TERMS OF SERVICE SHALL APPLY EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO COMMUNICATION OF ANY KIND BETWEEN YOU AND HBDESIGNS OR A REPRESENTATIVE OF HBDESIGNS CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER.
MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY DAMAGES LIMIT STATED HEREIN.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless HBDesigns and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents or policies they incorporate by reference, or your violation of any law or the rights of any third party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service and any such determination shall not affect the validity and enforceability of any other remaining provisions hereof.
SECTION 17 - TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If, in our sole judgment, you fail or we suspect that you have failed, to comply with any term or provision of these Terms of Service or the provisions of any other documents or policies incorporated herein by reference, we also may terminate this Terms of Service agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services and/or the Site or any part thereof.
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Site and the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service or any of our other rules or policies referred to herein). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW AND JURISDICTION
The Site and these Terms of Service are governed by and construed in accordance with the laws of the State of Texas, without regard to its principles of conflicts of law that would require the application of the laws of another jurisdiction. You agree to the exclusive jurisdiction of the Federal and State courts located in Collin County, Texas, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.
By accessing or using the Site or Online Store, you explicitly agree that any claims or actions that you may otherwise have against HBDesigns under the laws of any jurisdiction other than in the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any disputes is in the United States according to the terms of this Section.
SECTION 20 - CHANGES TO THESE TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time at this page.
HBDesigns reserves the right to make changes to any terms of these Terms of Service at any time. Your continued access and/or use of the Site after the effective date of any such changes, then such access and/or use by you will be deemed an acceptance of and an agreement to follow and be bound by the Terms of Services as changed or updated. Any revised or updated Terms of Service supersedes all previous Terms of Service, notices or statements regarding the Site. For this reason, HBDesigns encourages you to review these Terms of Service any time you access or use the Site.
SECTION 21 – STATUTE OF LIMITATIONS
Any claim or cause of action arising out of or related to these Terms of Service and/or your use of the Site (collectively, “Disputes”) must be filed within one year after such Dispute arose regardless of any statutes or law to the contrary. In the event any Dispute is not filed within such one-year period, such Dispute is forever barred.
SECTION 22 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at InfoAtBeWell@gmail.com.
© 2020 HBDesigns, LLC -- All Rights Reserved.
Updated: July 22, 2020